October 25, 2004 | The Legal Intelligencer
Attorneys' Preparation for Mediation - Part IIIAt the last minute, Anne and her attorney decided to mediate their claims instead of going to an arbitration hearing that had been scheduled to start next month.
By Charles F. Forer
6 minute read
July 19, 2010 | The Legal Intelligencer
Depositions in Arbitration: A Look at Enforcing Nonparty SubpoenasWhen we last checked, Bob had sought to compel a nonparty to comply with a deposition subpoena that the arbitrator without fuss had issued at Bob's request.
By Charles F. Forer
6 minute read
November 19, 2007 | The Legal Intelligencer
Ethics Is Critical When Dealing With Prospective ArbitratorsAnne's attorney Bob is an avid reader of The Legal Intelligencer. His favorite article on arbitration said lawyers should engage in voir dire of all potential arbitrators. Bob could not agree more.
By Charles F. Forer
5 minute read
April 28, 2008 | The Legal Intelligencer
Beat the ClockLet's start with this hypothetical: "Bob" is representing "Anne." He carefully reviewed an arbitration agreement for Anne before she invested more than $200,000 in a mutual fund. Bob had heard that big companies inserted arbitration provisions into their
By Charles F. Forer
6 minute read
May 15, 2006 | The Legal Intelligencer
Third Parties and the Confidentiality In Arbitration ProceedingsAnne's attorney Bob sure learned a lot about arbitration when he took on Anne's case against John. His belief that arbitration-confidentiality was sacrosanct, even in the absence of a confidentiality provision, went out the window when he kept bumping into attorneys who wanted to discuss the nuances of the dispute with him.
By Charles F. Forer
5 minute read
December 19, 2005 | The Legal Intelligencer
Expanding the Scope of Appellate Review in ArbitrationWhen we last checked, Bob was trying to have his cake and eat it too. He sought arbitration so that his client could benefit from the lower costs and expeditious determinations that arbitration at its best offers. But he wanted to expand the scope of judicial review so his client could appeal any perceived errors of law in the final arbitration award.
By Charles F. Forer
5 minute read
March 29, 2002 | New Jersey Law Journal
Arbitration Location Is ImportantIf you do not pay attention to the details of an arbitration provision when drafting a business agreement, you could end up facing numerous disadvantages, not the least of which is substantial extra expense.
By Charles F. Forer
5 minute read
July 17, 2006 | The Legal Intelligencer
The Pros and Cons of Having Three Arbitrators in ADR ProceedingsBob got burned last month in an arbitration proceeding. Representing the respondent (arbitration lingo for defendant), Bob almost had a heart attack when he received the arbitrating award. He lost big; the award was at the upper range of the damages that claimant (arbitration lingo for plaintiff) had sought. So much for the common - and, according to academic studies, erroneous - belief that arbitrators generally split the baby and enter so-called compromise awards.
By Charles F. Forer
6 minute read
March 15, 2010 | The Legal Intelligencer
To Avoid Arbitrator Conflict of Interest Finding, Disclose All Relationships"I have made so many mistakes representing clients in ADR proceedings that it is time that I try ADR from the other side. I am going to be an arbitrator and let attorneys know when they mess up." So began Bob's career as an arbitrator.
By Charles F. Forer
6 minute read
August 17, 2010 | The Legal Intelligencer
3rd Circuit Has Clear Rule on Pre-Hearing Discovery in ArbitrationBob is an experienced alternative dispute resolution, or ADR, practitioner. Just yesterday, for instance, he patted himself on the back after a case management conference.
By Charles F. Forer
6 minute read